Exploring United States Chemical Patent Literature - ACS Publications

Exploring United States Chemical Patent Literature JOSEPH FLEISCHER

Downloaded by RUTGERS UNIV on May 30, 2018 | https://pubs.acs.org Publication Date: January 1, 1961 | doi: 10.1021/ba-1961-0030.ch020

Olin Mathieson Chemical Corp., New Haven,

Conn.

"The issue of patents for new discoveries has given a spring to invention beyond my concep tion."—Thomas Jefferson. "The patent system added the fuel of interest to the fire of genius."— Abraham Lincoln. "The American patent system has promoted countless applications of the arts and sciences to the needs and well-being of our people."—Franklin D. Roosevelt.

y h e publication of printed patents has been an important factor i n the develop ment of science and industry. Published patents have stimulated technological advances directly; and indirectly b y revealing information that might otherwise have disappeared. Classified sets of patents are often unique collections of knowl edge and may be the only existing good source showing the evolution of important fields of industrial activity. In the U n i t e d States, this as w e l l as other features of our patent system can be credited primarily to the wisdom of the founding fathers i n laying the basis for the fostering of inventive genius b y means of the well-known constitutional provision for patents. W e are also the beneficiaries of the far-seeing statesmen and conscientious office holders w h o implemented this provision b y enacting the basic patent laws and b y formulating and administering the essential rules. W e are no less indebted to their able successors who improved the laws and rules when they considered it necessary to "promote the progress of science and useful arts." O u r first Commissioner of Patents under the A c t of 1836 deserves special mention because his capable administration gave a good start to the patent system now i n force i n our country, and also because he has been so grossly misrepresented in recent years. H e n r y L . Ellsworth, son of Oliver Ellsworth, a Chief Justice of the U . S. Supreme Court, was born i n 1791 at Windsor, C o n n . H e was i n charge of the Patent Office from 1835 to 1845. H i s annual reports on Patent Office activities are excellent summaries w h i c h were not limited to problems of the Patent Office, but included statistics and discussions of our industrial, agricultural, and economic progress. One paragraph, i n his annual report for 1843 (4), has been so distorted from the context i n w h i c h it was presented as to lead to false rumors that he had 197 SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.

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prophesied the near arrival of an era of no more inventions, and the end of the usefulness of the Patent Office. In truth, it is clear from this report as well as from others he wrote, that his views were quite the opposite. T h e paragraph. T h e advancement of the arts from year to year taxes our credulity, and seems to presage the arrival of that period w h e n human improvement must end.


appeared as part of his plea to Congress to approve funds for the publication of patent claims and other information about patents and to increase the salaries of Patent Office personnel. Said he, "If there is any bureau where are needed scien tific attainments of a h i g h order, it is i n the Patent Office." H i s 1843 report also includes (page B33) the following passage from the pen of one of the examiners: T h e great mass of inventions are of a character to make us alike p r o u d of the genius of our countrymen, and the Government w h i c h fosters and protects it. M a n s wants increase w i t h his progress i n knowledge; and hence the paradoxical truth, that the growing number of inventions instead of filling the measure, i n creases its capacity. The offspring of each distinct and notable invention may be hundreds, or even thousands; and each of these may claim its host of descendants. In an incalculable ratio w i l l inventions increase, till space w i l l hardly be found to preserve their representations. N o other conclusion can be reached b y the deep thinker upon this subject; no truth to h i m more forcible than that so happily expressed b y Sir H u m p h r e y D a v y : "the greater the circle of light, the greater the boundary of darkness w h i c h surrounds it."—Charles G . Page. In his letter of resignation, dated A p r i l 1, 1845, Commissioner E l l s w o r t h could w e l l say, "I n o w leave the bureau i n a prosperous condition." This letter also states ( 8 ) : D u r i n g m y superintendency, a reorganization has taken place and I have been grateful to witness the expediency of the changes I so strongly recommended. In common w i t h many others I have found the discharge of public duties incom patible w i t h a due attention to private concerns. N o r w i l l I omit to acknowledge the existence of an honest jealousy against the monopoly of emoluments. I wish to express a willingness that others may share public favors and have an oppor tunity to make greater improvements. It is hoped that these brief quotations w i l l evoke i n the reader due feelings of gratitude and respect toward the architects and builders of our patent system. A n y doubts concerning the significance of patents as sources of chemical information w i l l be dispelled on perusal of recent annual reports on Chemical Abstracts, w h i c h during 1949 listed 11,390 patents, distributed among 29 of the 32 sections ( 3 ) . The bibliography section of recent books and review articles i n various chemical fields generally carries a goodly proportion of patent numbers. T h e proportion of chemical patents in the U n i t e d States has risen from a figure w h i c h may have been as low as one chemical patent per 30 patents issued i n 1907 to about one i n five during the past three decades. The detailed statistics are given i n Table I and are shown graphically i n Figure 1. T h e totals are based on the U n i t e d States patents listed i n the "Patent Index to Chemical Abstracts 1907-1936" (12) and later issues of the " N u m e r i c a l Patent Index to Chemical Abstracts." The percentages of chemical patents for the early years may be somewhat lower than the true figure, because of incomplete coverage of chemical patents at that time. However, there can be no doubt that a significant increase i n this percentage occurred during the period 1907 to 1937.

SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.

FLEISCHER

U.S. Chemical Patents

1910

1915

1920

1925

1

1930

1935

1940

1945

1950

9

9

1955


GROWTH OF US. CHEMICAL PATENTS

WORDEN

I

π

π

Λ____Π-Π-

V 1,000,000

1,500,000

Figure 1.

Table I.

2,000,000

U.S. PATENT

2,500,000

2,900,000

NUMBERS

Statistics on United States patents

U. S. Chemical Patents Issued between July 3, 1906, and 1

August 18, 1959 Patent No. Range 825,000 900,000 1,000,000 1,100,000 1,200,000 1,300,000 1,400,000 1,500,000 1,600,000 1,700,000 1,800,000 1,900,000 2,000,000 2,100,000 2,200,000 2,300,000 2,400,000 2,500,000 2,600,000 2,700,000 2,800,000 2,900,000

Date

Total Chemical Patents

July 1906 Sept. 1908 Aug. 1911 June 1914 Oct. 1916 April 1919 Dec. 1921 July 1924 Sept. 1926 January 1929 April 1931 March 1933 April 1935 N o v . 1937 May 1940 Oct. 1942 May 1946 March 1950 June 1952 January 1955 July 1957 August 1959

Worden 1,123,212 to 1,521,589, inclusive C. A. (Jan. 1, 1915-Dec. 31, 1924)

2,240 4,870 5,950 5,320 4,860 6,740 7,000 8,360 10,400 12,980 14,780 18,030 19,970 20,050 19,410 21,770 17,522 15,693 15,679 17,146 18,373 22,882 {15)

% Chemical Patents 3.0 4.9 6.0 5.3 4.9 6.7 7.0 8.4 10.4 13.0 14.8 18.0 20.0 20.1 19.4 21.8 17.5 15.7 15.7 17.2 18.4 5.7

24,140

α Abstracted in Chemical Abstracts, not counting reissues.


6.1


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A good independent check is available for the middle of this period. W o r d e n ( 15) attempted to index all U n i t e d States chemical patents issued between January 1, 1915, and December 31, 1924. T h e number of patents indexed was 22,882, 5.7% of the 398,378 U n i t e d States patents issued i n that period. Close to 24,140 patents of this span, amounting to 6.1%, were abstracted i n Chemical Abstracts, so that the comparison inspires confidence i n the extent of its coverage w h i l e verify ing the significance of the data i n Table I. Since July 1952, the Official Gazette of the U. S. Patent Office has listed each week's patents i n three groups—general and mechanical, chemical, and electrical. In ten recent weeks (September to November 1960) patents i n the chemical group ranged from 18 to 2 6 % of the total, averaging 2 0 % . Historically, chemical patents have always been important i n the U n i t e d States. A s early as 1641, Massachusetts granted a patent, the first issued on this continent, to Samuel W i n s l o w , for a 10-year term, on a method of making salt. The first U n i t e d States patent law was the A c t of A p r i l 10, 1790. The first patent under this l a w was granted July 31, 1790, to Samuel Hopkins of Vermont for a method of " m a k i n g pot and pearl ashes." Structure

of

Patents

A n understanding of the general structure of modern patents w i l l lead to greater efficiency i n reading and understanding them. M a n y modern chemical patents are well-written documents w h i c h have much in common w i t h scientific papers on the same subject. A n obvious reason for this happy circumstance is that essential portions of the specifications i n these cases are written by the chemists who d i d the work or reported it. D u r i n g the past two decades, many chemists have become engaged i n patent work, so that what might be termed the legalistic part of a considerable proportion of chemical patents has also been written b y chemically trained personnel. T h e patent specification corresponds to the body portion of a scientific paper. It generally starts out w i t h a brief statement of the field of the subject matter. Usually, one then finds a listing of the objects of the invention, followed or pre ceded b y a discussion of earlier efforts i n the same or related fields, often w i t h special emphasis on their deficiencies. T h e setting has n o w been indicated both as to field and the existing difficulties w h i c h were to be overcome. T h e solution to the problem is then revealed by a general statement of the invention. T h e patent then proceeds to describe specific examples or embodiments of the invention. This is the section of chemical patents w h i c h is frequently taken directly from or largely based upon reports written by chemists. T h e specification usually ends w i t h a broad restatement of the invention and its most important advantages and applications. These patent components are similar to corresponding sections of scientific papers. The section devoted to the description of specific examples or embodi ments can very well be identical for the two types of publication. T h e greater differences are apt to occur i n the discussion of earlier work (prior art), i n the listing of objectives (sometimes characterized by what Chaucer w o u l d have called "superfluitee abomynable"), and particularly i n the general statement of the invention. It sometimes involves more art than science for an inventor to recognize his o w n brain child, luxuriously bedecked i n polysyllabic raiment i n the patent application. Fortunately, there seems to be a decreasing SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.


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tendency toward the use i n patents of what a judge once called (7) "those erosive and mind-grooving processes of unyielding reiteration of concept and ready prestidigitation of words." M a r k T w a i n h a d some words for this sort of thing, when i n 1870 he promised "to strip the nutritious facts bare of that effulgence of imagination and sublimity of diction w h i c h too often mar the excellence of these great works," i n connection w i t h his purpose to write condensations of the annual Patent Office Reports ( 6 ) . It is noteworthy, however, that M a r k T w a i n , despite serious financial losses i n the backing of inventions of others, had Sir Boss say, i n his "Connecticut Yankee," that " a country without a patent office and good patent laws is just a crab and can't travel any way but sideways and backways." The summary, w h i c h is generally found at the end of scientific papers, differs from the claim section w h i c h concludes patents. A summary should emphasize what is new i n the paper. But the applicant for a patent must, according to the patent laws, "particularly point out and distinctly claim the part, improvement, or combination w h i c h he claims as his invention or discovery." T h e claims thus constitute the section of the patent w h i c h defines the new technological area i n which exclusive rights are granted to the patentee or his assignee during the life of the patent. T h e drafting of proper claims is the most difficult and essential task in obtaining good patents and is the phase w h i c h makes greatest demands on the unusual combination of insight, literary skill, and thorough knowledge of the art as well as of patent law, w h i c h characterizes most successful patent solicitors. It may happen that patent claims constitute good summaries of the n e w subject matter i n the patent specification. But the legalistic form and expressions w i l l often be found a hindrance to the utility of claims as summaries. It is not unusual to find that the disclosure i n a patent is m u c h more extensive than i n d i cated by the claims. Drawings are required i n patents "whenever the nature of the case admits of it" (Rule 81, Rules of Practice of the U n i t e d States Patent Office i n patent cases). " T h e drawing must show every feature of the invention specified i n the claims" (Rule 8 3 ) . Similarly, scientific papers include drawings illustrating new relation ships, or novel components or arrangements of apparatus. Patents and papers both carry titles, w h i c h should be informative but a l l too often are not, especially i n patents. Too frequently, one finds modern patents w i t h unjustifiably broad titles such as "Process of extracting metals from ores," " C h e m i c a l process," " C h e m i c a l composition," or "Controlling chemical reactions." A s a patent title, " C h e m i c a l testing device" w i l l indicate a n e w and improved test tube only to the uninitiated. Scientific papers usually carry a bibliography at the end. There used to be no corresponding section i n U n i t e d States patents, except for the occasional men tion of earlier publications i n the specification. However, U n i t e d States patents now end w i t h a list of all references w h i c h were cited during the prosecution of the application i n the Patent Office. This worthy addition was introduced i n 1947 during the tenure of Casper W . Ooms, appointed Commissioner of Patents i n 1945. A m o n g other advances made b y Commissioner Ooms before his retirement from the office i n 1947 was the adoption of the single signature form for patent applications, so that one inventors signature n o w does the work of three formerly required. It w i l l be evident from the foregoing analysis of the usual structure and contents of patents that particular emphasis should be concentrated for the purposes of literature surveys or abstracts on the section describing specific examples. SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.


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Attention should also be given to the general statements of the invention w h i c h usually precede and sometimes follow the description of the specific embodiments. T h e patent claims are, of course, of primary interest when the patent is being studied for scope or validity i n connection with determining a question of infringe ment. However, it is more the exception than the rule for patent claims to be helpful i n a literature survey. T h e above generalization may fortunately be going out of style, i n that more and more chemical patents carry specific titles and have claims that are informative even to amateur patent attorneys. A n excellent example is the patent on strepto m y c i n and process of preparation, w h i c h was assigned to the nonprofit Rutgers Research and E n d o w m e n t Foundation (14). T h e specification scarcely differs from a scientific paper and the process claims constitute easily understandable summaries of essential steps i n the manufacturing procedure. C l a i m 13, a product claim, cannot be surpassed for conciseness: "13. Streptomycin." A n unusual ending appears i n a patent issued to L . B. Swan i n 1847 (13) and entitled "Improvement i n Galvanic Batteries for Telegraphs": In the foregoing specification and claim I have, as it w i l l be seen, limited m y claim to the use of m y solution i n batteries used for telegraphic purposes, and this I have done that I may not be supposed i n any way to interfere w i t h experiments having for their object the advancement of science. Locating Patents Over 2,900,000 U n i t e d States patents have been issued since 1836, over 200,000 of w h i c h contain information of chemical interest. Clearly, an efficient classification of patents is essential for the proper functioning of the patent system and for making the information available. T h e first classification i n 1830 grouped the total 6170 U n i t e d States patents in 16 classes. A t present, there are over 300 main classes, each further divided into subclasses. Nearly every patent has its niche i n one of the 45,000 or so sub classes, and may also be cross-referenced i n other related subclasses. T h e classified list of 1830 was accompanied b y a statement b y the superin tendent of patents, John D . Craig, from w h i c h the following is quoted (I ) : T h e difficulty of classifying natural objects is w e l l known, the gradual and imperceptible shades of difference rendering it impossible to determine exactly where one class should end and another begin. In the productions of art this difficulty is not diminished. Hence, i n compiling the list of patents a doubt fre quently arose concerning the class to w h i c h some of the patents d i d properly belong. F o r instance, whether the partial rotting of hemp and flax should be classed under agriculture or chemistry, dry docks under navigation or land works, etc. Besides, many of the machines patented are applicable to purposes widely different, and consequently could not be included exclusively i n any one class; while the titles of others are so indefinite as to render it impossible to determine either their genera or species. In such cases, no specific disposition being prac ticable, when the subject or patent sought is not found where it was expected it w i l l be discovered under some other title, to w h i c h the nature of the subject w i l l generally refer. This appraisal a n d advice, issued i n 1830 w i t h respect to some 6000 patents classified i n only 16 groups, can well be kept i n m i n d 130 years and almost 3,000,000 patents later. T h e chemical class was entitled, " C h e m i c a l compositions: Tanning, patent medicines, cements, dyes, etc." In 1836, six classes were added, class 4 having the following definition: SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.


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" C h e m i c a l processes, manufactures, and compounds, including medicine, dyeing, color making, distilling, soap and candle making, mortars, cements, etc." T h e classification was further expanded i n 1868 (36 classes) and again i n 1872 ( 145 classes ). Subclasses appeared i n the classification i n 1880 ( 164 main classes ). The classification system has continued its growth w i t h the years, a separate Classification Division being established i n the Patent Office i n 1898 for the admin istration of the work and problems pertaining to this field. T h e revisions and amplifications of the system have, of course, had to be accompanied by the move ment of patents to their newly assigned locations. T h e " b i b l e " of this system is the " M a n u a l of Classification of Patents," p u b lished by the Patent Office. Supplementing the manual are the class and subclass definitions contained in the Classification Bulletins, also obtainable from the Patent Office. T h e manual comprises a listing of each class showing its subclass tides, and a lengthy (325 pages) subject index w h i c h gives the proper class and subclass for each item listed. A brief description of the use of the manual is included. There is also a list of the classes as assigned to the Patent Office E x a m i n i n g Divisions. A further interesting feature is a grouping of the classes under five main headings: I. II. III. IV.

Chemical and Related Arts Communications, Radiant Energy, and Electrical Arts Mechanical Manufacturing and Machine Elements Arts Transportation, M a t e r i a l H a n d l i n g and Treating, M o t o r and P u m p , and W e a p o n Arts V . Instruments of Precision, B o d y Treatment and Care, Heating and Cooling, Static Arts, Designs, Miscellaneous

O f the 75 examining divisions of the Patent Office, at least 30 deal w i t h chemical patents. Eleven of these divisions handle chemical patents principally. Table II lists the classes listed i n the manual under G r o u p I. T h e classes are arranged i n numerical order and the titles have i n some cases been abbreviated. Some features of the U n i t e d States classification system w h i c h it is important to keep i n m i n d are: T h e class numbers are arbitrary, serving merely to identify the individual classes. Generally, the basis of classification is essential function or effect. The order of the subclasses i n a class is that of proceeding from the complex to the simple. W h e n a patent is classified, it is placed i n the most complex subclass suitable for it and it is cross-referenced i n any appropriate subsequent (more elemental) subclass. A patent is classified primarily on the basis of its claimed subject matter. Various paths can be followed i n conducting a patent search, just as i n search ing the nonpatent literature. A thorough search of U n i t e d States chemical patents since 1907 can be made i n any good library b y the use of Chemical Abstracts. T h e tables and F i g u r e 1 inspire confidence i n such a search. B u t it is a laborious and tedious method, especially since one must order and wait for the pertinent patent copies i n order to complete the study. T h e spacious, though usually crowded, Search R o o m at the Patent Office is the only place i n this country where a thorough patent search can be made expedi tiously. T h e term "expeditiously" is here used i n a comparative sense, because the search in a complex field may require several days or weeks of concentrated effort even at the Patent Office, but w o u l d require m u c h more work and time elsewhere. SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.

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Chemical and


Class No.

Related Arts Class Title

8 18 21 22 23 25 41 44 48 49 52 71 75 91 99 106 107 117 127 130 148 154 162 167 183 195 196 202 204 209 210 233 252 259 260 261 266

Bleaching and Dyeing Plastics Preserving, Disinfecting, Sterilizing Metal Founding Chemistry (Inorganic, Testing, Apparatus) Plastic Block and Earthenware Apparatus Ornamentation Fuel, Igniting Devices Gas, Heating and Illuminating Glass Explosive, Pyrotechnic, Match Fertilizers Metallurgy, Processes and Alloys Apparatus Foods, Beverages Plastic, Coating Bread, Pastry, and Confection Making Coating, Processes and Miscellaneous Products Sugar, Starch, Carbohydrates Threshing Metal Treating Processes Laminated Fabrics Paper Medicines, Poisons, Cosmetics Gas Separation Fermentation Mineral Oils Distillation Electrical and Wave Energy Chemistry Classifying Solids Liquid Separation or Purification Centrifugal Separators Compositions Agitating Chemistry, Carbon Compounds Gas and Liquid Contact Apparatus

A number of classes c o u l d w e l l be a d d e d : Class No.

Class Title

47 51 95 134 136 250

Plant Husbandry Abrading Photography Gleaning Batteries Radiant Energy

T h e extensive collections

of source material available i n the Patent Office

Search R o o m a n d Scientific L i b r a r y have been summarized superbly b y L i n d e n meyer

(II).

Patent Office Search

Room

T h e Search R o o m is located o n the first floor of the Ε Commerce B u i l d i n g .

Street e n d of

the

R o w after r o w of search desks, p r o v i d e d w i t h racks arranged

for convenient " f l i p p i n g a n d scanning" of patent subclasses a n d each h a v i n g its convenient fluorescent light, extend across the room.

D u r i n g w o r k i n g hours, there

is a continuous h u m of activity, searchers constantly emerging f r o m the adjoining stack room loaded d o w n w i t h subclasses, or entering for more armsful, assistants



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collecting the discarded subclasses from the tops of the reading desks, here and there an animated discussion and above all the w h i r r of the patents as they are expertly flipped and perused for that 50-year-old anticipation of some fond i n ventors "million-dollar-invention." It is awe-inspiring to enter the stack room, crammed as it is w i t h rows and columns of stacks, w i t h one or more subclasses or a portion of a subclass housed i n each rack opening. Here is the Patent Office set of classified patents, starting w i t h the designs classes at the 14th Street side and then progressing numerically from Class 1, N a i l i n g and Stapling, to Class 346, Recorders, toward the 15th Street side. A complete numerical set of U n i t e d States patents is housed conveniently along the walls of the Search R o o m and extends into the 15th Street end of the stack room. A n n u a l indexes, Commissioners Reports, and Commissioners D e c i sions are also available. A number of sets of the Classification M a n u a l are located at a desk near the 14th Street entrance. There is also a complete set of class definitions i n loose-leaf binders, arranged i n numerical order at the start and close of each business day. Nearby is an important card file, listing the class and subclass of every U n i t e d States patent (the entries are i n p e n c i l ) . M i d w a y along the front w a l l , one finds a useful patentee and assignee card index arranged i n alphabetical order, listing for each patent issued since 1931 name of the inventor(s) and assignee, if any, patent and application numbers, date of issue of the patent, and the title of the invention. A t the other end of the room (15th Street e n d ) , file histories of issued patents can be obtained for study at the nearby desks, w h i c h are conveniently arranged for this purpose. A thorough search requires the study of all the subclasses pertinent to the subject. It is therefore necessary to compile a list of such subclasses. This can be done i n a number of ways. A c c o r d i n g to what might be called the fundamental way, the first step is to find subclass numbers b y looking u p the subject and related terms i n the index to the M a n u a l of Classification. B u t occa sionally no relevant term can be located i n this index. It is then necessary to scan the class titles under the appropriate one of the five main groups of classes and then the subclass titles under any class that seems promising. T h e n , by looking u p the detailed explanation of each of the preliminary list of subclass numbers i n the book of class definitions, one obtains an expanded list by adding such further subclasses as are cross-referenced there. Subclass numbers may also be obtained during the course of perusing the patents i n a classified set b y noting patents that are cross-referenced. Recent patents carry the subclass number on page 1, immediately below the patent head ing. T h e classification of earlier patents can be found i n the card file, mentioned above. T h e patents relevant to the subject are themselves a source of additional pertinent subclass numbers. One finds the classification of the patents w h i c h were cited during the Patent Office prosecution, again b y use of the classification card file. T h e cited patents are listed on recent U n i t e d States patents and, i n the case of earlier patents, can be obtained from the file histories. A useful list of subclass numbers can likewise be compiled, w i t h the use of the classification card index, by means of a list of pertinent patent numbers found in Chemical Abstracts, books, or review articles. These procedures can lead to an enormous list of subclass numbers, even though one starts w i t h only a single or a few patent numbers. However, many SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.

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such subclasses can be eliminated from the scope of the particular search on mere inspection of the tides. Generally, it w i l l save time to locate subclasses through patent numbers obtained f r o m Chemical Abstracts, rather than via the index to the manual and the class definitions. This is i n part due to the complexity of many of the defini tions, w h i c h tend to be more confusing than clarifying until one has become thor oughly familiar w i t h the method and style of presentation. T h e index, although characterized b y some disadvantages, such as type w h i c h is difficult to read, is an amazing guide, ranging i n subject from Abacus (Class 35, subclass 33; Education—teaching—mathematics—abacus) to Zwieback (Class 99, subclass 86; Foods and Beverages—processes a n d products—cereals—baked prod ucts), or speaking chemically, f r o m A b i e t i c A c i d (260/97; Chemistry, Carbon Compounds—natural resins and reaction products) to Zirconium (23/15; C h e m istry—compounds—rare element compound recovery). Indeed, items neighboring those sought frequently w i l l catch the eye and distract the reader s attention from the immediate objective. However, i n a thorough search, the use of the M a n u a l of Classification and the class definitions is usually advisable, at least as a check. H a v i n g secured the list of subclasses needed, the searcher proceeds to gather them f r o m the racks i n the stack room. E a c h rackful consists of a flat pile of unbound " h a r d " copies of patents (each sheet laminated for stiffness) between two thick cover sheets, the upper one being imprinted w i t h the class, subclass, and rack number. T h e rack at the search desk conveniently holds such a group, w h i c h at the start is placed against the inclined back rest. T h e reader examines the topmost patents (lowest numbers) first, flipping them i n turn against the front rest. W i t h an experienced searcher, this flipping and perusing process is accomplished at a surprising speed, especially when drawings can be relied upon for the location of the information being sought. C h e m i c a l patent searching is more difficult and time-consuming, and is generally more accurately characterized as a process of "flip, read, turn the page, read, etc." T h e Search R o o m is smoothly and efficiently run b y a group of conscientious employees, whose first concern is to see that operations proceed so that information in the patents becomes readily available to the public. T h e y are courteous and helpful i n answering questions, and the answers are reliable and likely to save the searcher m u c h time and effort. But, i n v i e w of their duties and responsibilities to the public, they cannot be expected to spend undue time and effort i n solving all the problems peculiar to an individual search. After several days of conscientious looking, reading, and note-taking, the searchers spirits rise, as he flips feverishly through the last ten patents of his last subclass. T h e next to the last patent is a cross reference, i n a subclass he hasn't yet searched. T h e manual a n d the definition indicate it should not be overlooked. " O h well, just one more subclass," says he, as he strides confidently toward the proper stack. B u t all too often, it is one of those subclasses that extend from the top to the bottom of the stack and into the next r o w - w h i c h can w e l l be expected to evoke the well-known comment from those skilled i n the art, "There must exist some substantially more facile means for deriving adequate sustenance." T h e happy solution to such unhappy situations is already available i n certain fields, such as steroids, through mechanized searching. T h e expansion of the fields in w h i c h rapid and efficient searches can be accomplished b y machine is ever more essential (2, 9, 10). It seems appropriate to close this account w i t h an apt quotation from one who SEARCHING THE CHEMICAL LITERATURE Advances in Chemistry; American Chemical Society: Washington, DC, 1961.

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helped b u i l d our patent system w h i l e fully realizing that he was not just earning a living, nor merely erecting masonry, but was participating i n the construction of a cathedral. I n Commissioner Ellsworth's A n n u a l Report for 1844 ( 5 ) , Charles G . Page, examiner of patents, wrote:


The increase of man's wants is commensurate w i t h the enlargement of the field of knowledge—not such actual want or privation as is characterized i n the aphorism, "Necessity is the mother of invention," b u t something far happier, a n d more ennobling—the want or desire of those means w h i c h shall gratify his thirst for knowledge, and place h i m i n a higher sphere. It is true w e might, i n running over the annals of invention, reverse, i n many cases, the adage, a n d pronounce invention to be rather the mother of necessity, a n d tell of the unmerited fate of many a poor inventor; but, still, w i t h all our sympathy for h i m , there is yet this encouragement to offer to others—that, i n a large number of cases, genius meets w i t h its true reward; and to i t mankind w i l l be ever indebted, though they may sometimes forget or withhold remuneration. Literature Cited

(1) Bailey, M. F., J. Patent Office Soc. 28, 466 (1946). (2) Bailey, M. F., Lanham, B. E., Leibowitz, J., Ibid., 35, 566-87 (1953). (3) Crane, E. J., Chem. Eng. News 28, 585-6 (1950). (4) Ellsworth, H. L., Report of Commissioner of Patents, 28th Congress, 1st Session, Doc. No. 177, p. 5,1843. (5) Ibid., 2nd Session, Senate Rept. 75, p. 518, 1844. (6) Federico, P. J., J. Patent Office Soc. 21, 223 (1939). (7) Gardner v. Buxton, 66 United States Patents Quarterly 11. (8) Jeffery, E., J. Patent Office Soc. 22, 479-θ1 (1940). (9) Lanham, Β. E., Leibowitz, J., Ibid., 40, 86-109 (1958). (10) Lanham, Β. E., Leibowitz, J., Koller, H. R., Ibid., 38, 820-38 (1956). (11) Lindenmeyer, H. F . , Ibid., 36, 463 (1954). (12) Special Libraries Assoc., Science-Technology Groun, "Patent Index to Chemical Abstracts, 1907-36," J . W . Edwards, A n n Arbor, Mich., 1944. (13) Swan, L. B.,U.S. Patent 5400 (Dec. 18, 1847). (14) Waksman, S. Α., Schatz, Α., Ibid., 2,449,866 (1948). (15) Worden, E. C., "Chemical Patents Index," Chemical Catalog Co., New York, 1927. BASED on paper presented before Division of Chemical Literature, Symposium on Searching the Chemical Literature, 117th Meeting, A C S , Detroit, Mich., April 1950. Revised 1960.


Exploring United States Chemical Patent Literature - ACS Publications

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